Guardianship

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Guidance Carolina (GC) serves as Guardian for the most vulnerable members of the NC community. We serve people who have developmental and intellectual disabilities, those with dementia, and people who have suffered severe brain trauma. 

Beyond fulfilling the legal requirements of these services, we strive to deliver the greatest quality of life, autonomy, and freedom possible to clients under the law using a person-centered approach, based on the philosophy that choices made on another person’s behalf are to be enabling rather than restricting for the client. While traditional guardianship is system-driven, person-centered philosophy is a person-directed process that maintains focus on the positives of a person’s life, discovering gifts, skills and capacities of the individual, and staying mindful of the person’s priorities of life. As Guardian, we can help find a balance in people’s lives between what is important to them and what is important for them. GC adheres to and follows the guidelines of the National Guardianship Association.

• Guardianship of the Estate – Gives the Guardian the authority to make all financial decisions for the individual.
• Guardianship of the Person – Gives the Guardian the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the individual. Such decisions would include making arrangements for food, clothing, living arrangements, medical care, recreation, and education.
• Guardianship of Person and Estate (General Guardian) – Gives the Guardian the authority to make nearly all decisions for the individual and combines the authority of guardianship of person and guardianship of estate.

Parents can recommend Guidance Carolina to serve as Successor Guardian for their adult son or daughter. It is important to speak to a professional attorney about how to formally make this recommendation in estate-planning documents.

A Guardian must be appointed by the court. In order for someone to have a Guardian appointed to them, that person must be declared legally incompetent by the court and, therefore, found in need of a Guardian. The person in question needs to be carefully examined by a medical, geriatric, or psychiatric specialist who can testify to the person’s incapacity. Someone must petition the local clerk of court to have the person adjudicated (declared) incompetent. Anyone who knows the person may petition, be it a family member, neighbor, mental health professional, Department of Social Services employee, etc.

Officially, no –– an attorney is not required in order to file a guardianship petition. However, entering court without an attorney is not for the faint of heart. Incompetency hearings can be difficult and adversarial. Seeking a qualified attorney’s assistance is recommended. 

Guidance Carolina cannot assist you in petitioning the court, although we are happy to discuss your situation and the possibility of serving as Guardian if the court approves one.

Because the appointment of a Guardian is an intrusive measure that takes away a person’s ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first. These options include powers-of-attorney, trusts, representative payees, limited guardianships, and case management.

National Academy of Elder Law Attorneys
The National Guardianship Association

Yes, Guidance Carolina is a fee-for-service nonprofit organization. By charging a fee for the services provided for those who are able to pay, Guidance Carolina is able to continue serving clients who run out of financial resources during their lifetime.